Ariz. Rev. Stat. » Title 45
Arizona Revised Statutes

Ariz. Rev. Stat. § 45-491 (2026)

Scope of article

✓ current as of May 2026
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A. In an active management area, a city, town, private water company or irrigation district may withdraw groundwater only pursuant to this article, except as provided by a grandfathered right and except as otherwise provided in this section.

B. An irrigation district engaged in generating, transmitting and distributing electricity on June 12, 1980 may withdraw groundwater pursuant to a groundwater withdrawal permit issued under article 7 of this chapter.

C. A city, town or private water company may withdraw groundwater pursuant to a poor quality groundwater withdrawal permit issued under section 45-516.

D. An irrigation district or a private water company organized primarily for irrigation purposes may withdraw groundwater pursuant to a drainage water withdrawal permit issued under section 45-519.

E. A city, town, private water company or irrigation district may withdraw groundwater pursuant to a hydrologic testing permit issued under section 45-519.01.

F. A city, town, private water company or irrigation district may use the groundwater withdrawn pursuant to a groundwater withdrawal permit only for the specific purpose for which the permit is issued. Any withdrawals of groundwater by a city, town, private water company or irrigation district pursuant to a groundwater withdrawal permit issued under article 7 of this chapter shall not give rise to any other right to withdraw groundwater under this chapter.

Notes of Decisions
Cited in 2 cases, 1981–1988 · leading case: Town of Chino Valley v. City of Prescott, 638 P.2d 1324 (Ariz. 1981).
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Town of Chino Valley v. City of Prescott, 638 P.2d 1324 (Ariz. 1981). · cites it 2× “A.R.S. § 45-491. The Act also specifies a few other new uses of groundwater that may be made in Active Management Areas.”
Arizona Water Co. v. Arizona Dep't of Water Resources, 770 P.2d 370 (Ariz. Ct. App. 1988). · cites it 2× “Nor do we address DWR’s arguments that Arizona Water is seeking the Type 2 rights because they can be conveyed separately from the land, A.”
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